State v. Baker

121 I do not disagree with the majority opinion's determination that Baker was unlawfully frisked and that the contraband discovered on his person should be suppressed. I write separately, however, to clarify that I view the frisk as ilegal solely because the length and scope of Baker's detention prior to the frisk was unreasonable under the circumstances. Accordingly, I1 would simply disallow the frisk as a fruit of an unlawful detention without addressing whether it might be justified as a Terry frisk for weapons. See generally Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).